OpenAI · OpenAI Business Terms · View original document ↗

Mandatory Arbitration and Class Action Waiver

High severity High confidence Explicitdocumentlanguage Common · 114 of 325 platforms
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Recent governance activity OpenAI recorded 11 documented changes in the last 30 days.
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This analysis describes what OpenAI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The arbitration requirement establishes a procedural framework where dispute resolution occurs outside the court system through a private arbitrator, with specified carve-outs for small claims and equitable remedies. This structure affects how contractual disputes between the parties are processed and adjudicated.

Consumer impact (what this means for users)

Users agreeing to these terms accept that disputes will be resolved through individual binding arbitration rather than litigation or class proceedings. The terms specify that users waive the right to jury trial and collective action participation, while preserving the ability to pursue small claims and seek injunctive relief for intellectual property matters.

How other platforms handle this

Tinder High

If you are a U.S. user, you and Tinder agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Tinder agree otherwise, the arbitrator may not consoli...

Wise High

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, 'Disputes') will be settled by binding arbitration between you and Wise, except that each party retains...

Revolut High

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. The arbitration sh...

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▸ View Original Clause Language DOCUMENT RECORD
"
AGREEMENT TO ARBITRATE. You and OpenAI agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and OpenAI, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and OpenAI are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

— Excerpt from OpenAI's OpenAI Business Terms

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
OpenAI Business Terms
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 12, 2026
Record ID
CA-P-010569
Document ID
CA-D-00755
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
c06da29ac3099c1e9c26dfbf9e242b518d144f7939ac8c6a0334e30783b2c187
Analysis generated
May 11, 2026 11:57 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Business Terms
Record ID: CA-P-010569
Captured: 2026-05-11 11:57:24 UTC
SHA-256: c06da29ac3099c1e…
URL: https://conductatlas.com/platform/openai/openai-business-terms/mandatory-arbitration-and-class-action-waiver/
Accessed: May 20, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenAI's Mandatory Arbitration and Class Action Waiver clause do?

The arbitration requirement establishes a procedural framework where dispute resolution occurs outside the court system through a private arbitrator, with specified carve-outs for small claims and equitable remedies. This structure affects how contractual disputes between the parties are processed and adjudicated.

How does this clause affect you?

Users agreeing to these terms accept that disputes will be resolved through individual binding arbitration rather than litigation or class proceedings. The terms specify that users waive the right to jury trial and collective action participation, while preserving the ability to pursue small claims and seek injunctive relief for intellectual property matters.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 114 platforms. See the full comparison.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.